scholarly journals Transformation of local self-government in context decentralization of public power in unitary Ukraine

2020 ◽  
Vol 11 (11) ◽  
pp. 319-326
Author(s):  
Pukhtynskyi M. O.
Keyword(s):  
Social Protection ◽  
Business Environment ◽  
Executive Power ◽  
Public Power ◽  
Society Business ◽  
Administrative Services ◽  
Local Finance ◽  
Basic Law ◽  
Territorial Organization ◽  
Point To Point

The process of transformation of local self-government is connected with solving a complex of problems of its provision. Among them, the constitutional and legal problems of territorial governance, which are the subject of this study, play a significant role. In Ukraine, a course of improvement of Ukrainian unitarism was chosen through widespread decentralization of public power, formation of capable, effective local government on this basis as active interaction and cooperation of subjects, local self-government institutions, executive power, civil society, business environment. This approach actualizes the constitutional and legal discourse of decentralization. The article discusses the issues of constitutional and legislative support for the reform of the territorial organization of power. A constitutional and legal understanding of the decentralization of public power in the context of the provisions of the current Basic Law is given. Modern approaches to amending the Constitution of Ukraine in terms of decentralization of public power, reforming local self-government, and territorial administration are critically analyzed. The novelties of legislative developments concerning territorial governance are considered. The urgency of sectoral decentralization in areas such as local finance, education, health care, social protection, housing and communal services, administrative services, communal land and property, sustainable economic development, human resources, etc. is emphasized. It is noted that, given the principles of constitutionalism, the existing potential of the Constitution should be exploited, the shortcomings of permanent, point-to-point modification overcome, the careful and careful approach to regional level of territorial governance. It is emphasized that the transformation of local self-government in the context of decentralization of public power must be carried out in a comprehensive and systematic manner, taking into account the preservation and strengthening of the unitary nature of Ukraine. Keywords: transformation of local self-government, decentralization of public power, territorial governance, constitutional and legal support of reform, unitary principles of Ukraine.

scholarly journals STATE POLICY ON DECENTRALIZATION PUBLIC AUTHORITIES OF UKRAINE

2021 ◽  
Author(s):  
Batyr Yu. ◽  
Pomaza-Ponomarenko A. ◽  
Lopatchenko I.
Keyword(s):  
Political System ◽  
Social Protection ◽  
Living Environment ◽  
Public Authorities ◽  
Public Power ◽  
Local Taxes ◽  
Territorial Organization ◽  
Positive Assessment ◽  
The Government ◽  
Budget Decentralization

The article reveals the essence of building effective public power at the national and regional levels in Ukraine. It is determined that an important element of the political system of society is local self-government. Decentralization can rightly be considered one of the most "humane" reforms carried out in Ukraine and which provides qualitative improvement of the living environment of people, the ability to realize their aspirations for quality education, medicine, culture, social protection. During the reform of local self-government in Ukraine, a new system of administrative-territorial organization was formed, which allowed to form 1470 united territorial communities (UTC) instead of 11250. At the same time, the most significant result of budget decentralization is an increase in local taxes % in 2012 to 30% in 2018, mainly due to the transfer of certain taxes and fees to local budgets. A positive assessment of decentralization of power in Ukraine is the growth of trust in local authorities more than doubled (from 13.8% to 27.9%) against the background of significant distrust of the President - 74.0%, the Verkhovna Rada - 83.5%, the Government of Ukraine - 80.3%.

The Greek Economy before and during the Crisis—and Policy Options Going Forward

2017 ◽  
Author(s):  
Costas Meghir ◽  
Christopher A. Pissarides ◽  
Dimitri Vayanos ◽  
Nikolaos Vettas
Keyword(s):  
Social Protection ◽  
Global Financial Crisis ◽  
Business Environment ◽  
Market Regulation ◽  
Policy Options ◽  
Greek Economy ◽  
Good Provision ◽  
The Global Financial Crisis ◽  
System Access

This chapter reviews the performance of the Greek economy before and during the global financial crisis. It also presents policy options for Greece going forward, drawing to a significant extent on the conclusions of subsequent chapters. The chapter first studies Greece's economic performance in the decades before the crisis. It discusses the evolution of gross domestic product (GDP) per capita and productivity, debt, consumption, investment, wages and prices. The chapter then turns to the quality of the institutions pertaining to the business environment (product market regulation, justice system, access to finance, and labor market regulation), and to social protection and public good provision (pensions, welfare system, health care, and education). It also identifies interconnections between institutional quality and macroeconomic outcomes.

scholarly journals The Resilience of EU Member States to the Financial and Economic Crisis

2019 ◽  
Vol 148 (2) ◽  
pp. 569-598
Author(s):  
Lucia Alessi ◽  
Peter Benczur ◽  
Francesca Campolongo ◽  
Jessica Cariboni ◽  
Anna Rita Manca ◽  
...  
Keyword(s):  
Economic Crisis ◽  
Social Protection ◽  
Political Stability ◽  
Well Being ◽  
Business Environment ◽  
Member States ◽  
Main Research ◽  
Eu Member States ◽  
Entry Points ◽  
Country Characteristics

AbstractBased on the JRC conceptual framework for resilience (Manca et al. in Building a Scientific Narrative Towards a More Resilient EU Society, JRC Science for Policy Report, JRC28548, 2017), this study presents an empirical analysis of the resilience of EU Member States to the recent financial and economic crisis. We address two main research questions: (1) Which countries had a resilient outcome, in terms of both shock absorption during the crisis and recovery in its aftermath? (2) Are there pre-determined country characteristics that help to explain resilient performance? To address these questions, we first select 34 key indicators of economic performance and societal well-being, going well beyond the merely economic growth perspective. Resilience is then measured by the properties of the joint dynamic response of these variables to the crisis shock at different time horizons. Our results demonstrate substantial differences between countries in each of the resilience capacities considered. Regression analysis also reveals that certain predetermined characteristics—such as government expenditures on social protection, political stability or a favourable business environment—are strongly associated with resilient outcomes. Our methodology and findings offer lessons for monitoring resilience and for entry points for effective policy interventions in the future.

scholarly journals Analyzing the European Practice on the Formation and Functioning of Local Self-Government and the System of Public Management of Territory Development

2020 ◽  
Vol 12 (515) ◽  
pp. 149-156
Author(s):  
I. V. Yaroshenko ◽  
◽  
I. B. Semigulina ◽  
Keyword(s):  
Public Management ◽  
Local Development ◽  
Local Level ◽  
Public Power ◽  
Democratic Institution ◽  
Living Space ◽  
Effective System ◽  
Territorial Organization ◽  
The Right

Effective until 2014 in Ukraine, the system of local self-government did not meet the existing needs of society. The functioning of local self-government bodies in most territorial communities did not provide the formation and support of the proper level of quality of life of citizens, necessary for the full development of people, their self-realization, protection of rights, provision of high-quality and affordable administrative, social and other services, did not create a favorable living space in the respective territories. The process of formation and development of the Ukrainian State required urgent reform of the administrative-territorial, political system and the establishment of a democratic institution of public power - local self-government, which is defined as the right and real capacity of a territorial community within the laws and powers to independently solve the issues of local development of their territories. Therefore, the reform of decentralization of power in Ukraine in 2014 was defined as one of the priorities, which provides for the construction of an effective system of territorial organization of power and public management of socio-economic development of territories. A detailed study of the experience of the formation and functioning of local self-government, best practices of the world countries, and in particular the EU countries, which have achieved sustainable development of territories and improved the welfare of their citizens, is relevant for the development of modern Ukraine and its regions and territories, as well as for the formation of its own effective public administration system at the local level.

The Irish “Bail-Out” and Cuts to Social Protection Spending— the Case for a Right to a Subsistence Minimum in EU Law

2014 ◽  
Vol 15 (4) ◽  
pp. 569-597
Author(s):  
Roderic O'Gorman
Keyword(s):  
Social Protection ◽  
Constitutional Court ◽  
Welfare Benefits ◽  
Basic Law ◽  
European Court ◽  
Subsistence Minimum ◽  
German Constitutional Court ◽  
The Right ◽  
The Impact ◽  
Bail Out

As part of the 2010 EU/IMF economic adjustment program or “bail-out,” the Irish Government was required to undertake billions of euros in cuts to social protection spending over a three-year period. These have been implemented in subsequent budgets, resulting in increased levels of poverty and social exclusion. In light of these impacts on social rights in Ireland and other Member States, this article argues that the outcome of such Union legislative measures should be subject to some degree of rights-based scrutiny. It examines how, in theHartz IVdecision, the German Constitutional Court ruled that an attempt by the German Government to pass legislation that significantly cut a range of social welfare benefits breached the fundamental right to a subsistence minimum under the German Basic Law. Drawing inspiration from the approach of the German Constitutional Court, the article argues that the two elements of the German Basic Law which grounded that decision—the right to human dignity (Article 1(1)) and the social state principle (Article 20(1))—are both present within the Union Treaties as a result of changes occasioned by the Lisbon Treaty. The article advocates that the European Court of Justice should discover such a right within Union law and use it as a tool to analyze the impact of future cuts mandated by Union institutions on the economically disadvantaged.

scholarly journals “Top-down” vs. “Bottom-up”: A Dichotomy of Paradigms for the Legitimation of Public Power in the EU

2017 ◽  
Vol 9 (2) ◽  
pp. E-18-E-46 ◽  
Author(s):  
Sergio Dellavalle
Keyword(s):  
Executive Power ◽  
The European Union ◽  
Public Power ◽  
Bottom Up ◽  
Long Period ◽  
Political Ideas ◽  
European Public ◽  
History Of ◽  
Output Legitimacy ◽  
The Eu

Abstract Public power has been justified by resorting to two different kinds of legitimation: one coming from above, the other emerging from the governed. While legitimation “from above” implies that those who are vested with executive power are qualified in their function because of their allegedly higher competences, “bottom-up” legitimacy always presupposes that only citizens can properly decide on their destiny. After giving a brief account of how both legitimation strategies have developed in the history of political ideas, attention is focused on the theories regarding the legitimacy of public power in the European Union. Indeed, both strands of legitimation of public power are represented here with original proposals, according to the specificity of the supranational condition. But even more interesting is that the research into the characteristics of supranational integration has been one of the most significant fields in which the legitimation “from above” has reappeared in Western thought after a rather long period of marginality, now taking the shape of a technocratic justification. In the main section of the article, the reasons in favour of a democratic “bottom-up” legitimation of the European public power are analyzed first, then those which recur to the so-called “output legitimacy” – in other words to technocratic arguments. The last section of the contribution is dedicated to an overall assessment of the different positions.

scholarly journals MODEL FOR TRANSFORMATION OF THE LABOUR MIGRANS COSTS INTO A MECHANISM FOR ENSURING SUSTAINABLE DEVELOPMENT OF COMMUNITIES

2019 ◽  
pp. 32-36
Author(s):  
Volodymyr Khymynets ◽  
Ganna Tsimbolynes
Keyword(s):  
Development Strategy ◽  
Migrant Workers ◽  
Scientific Paper ◽  
Cash Flows ◽  
Business Environment ◽  
Current Data ◽  
Cultural Development ◽  
Human Potential ◽  
Labor Migrants ◽  
Administrative Services

This scientific paper is devoted to developing ways and models of converting the laboк migrants cost into the internal investment resources of United Territorial Communities, taking into account their new functions and powers. The article analyzes current data on the main aspects of Ukraine's international labor migration, namely: the number of migrants, their main employment areas, the largest recipient countries of labor migrants and donor regions, the amount of remittances and savings of migrants. In Ukraine, 882 United Territorial Communities have already been formed, which have received considerable authority from developing a development strategy to landscaping, approving a budget, setting local taxes and fees, defining social and cultural development. Considering the results of the research on the amount of cash flows, the availability of savings and the desire of many migrant workers to return to Ukraine, it can be argued that they have a huge potential to become one of the largest domestic investors of the United Territorial Communities. Therefore, migrants have resources, and UTCs have considerable authority to attract these resources. The authors present a scheme for forming an investment cluster of united territorial communities, the basis of which is the process of interaction between community leadership, academics and experts of higher education institutions, administrative services centers and migrant workers as potential domestic investors. The implementation and effective functioning of this model will create incentives for migrants to return and benefit from productive usage of their resources, as they will be able to earn enough income to keep families and create jobs for other residents. The community, in turn, will benefit from new tax revenues and other payments, the development of human potential and the formation of a positive image of the territory as a successful business environment.

scholarly journals CITY CHARTERS AS THE LOCAL CONSTITUTIONS

2021 ◽  
pp. 8-11
Author(s):  
I. V. Idesis
Keyword(s):  
National Identity ◽  
Comparative Analysis ◽  
Urban Community ◽  
Public Power ◽  
Basic Law ◽  
Legal Nature ◽  
Simple Language ◽  
The City ◽  
Ordinary Citizens ◽  
Formal Features

The statutes of territorial communities of cities have become more and more common subject of research of scientists in Ukraine since the processes of decentralization of public power became actualized and became more intensive. A number of scholars call these statutes “local constitutions”. The article deals with the comparative analysis of the formal and essential characteristics of the city charters and constitutions. The aim of the comparison was to evaluate, if it is correct to write about the city charters as about the local constitutions, municipal constitutions etc. If we compare the formal features of the constitutions and statutes of territorial communities, it is noteworthy that only one of them is similar - the legal technique used in writing the text of the Basic Law can be used in writing the statutes of territorial communities. It is implied that the text of the constitutions is written in very simple language so that it is clear to ordinary citizens that “attention” should be focused on the maximum use of simple and clear terms, fixing the avoidance of excessive use of special technical terminology; non-use of obsolete and underused terms; professionalisms, neologisms, analysis of the text of the normative legal act for the presence of overloading the text with foreign terms, promoting unity, uniformity of use of legal terminology. Consideration of both substantive and formal features of the statutes of territorial communities in comparison with similar features of the Basic Laws gives grounds to state almost complete lack of similarity between these acts. Certain analogies can be made only in relation to the structure of these acts, and sometimes a similar legal technique is used in their writing. An important common feature is the desire to express in the constitutions - national identity, and in the statutes of territorial communities of cities - historical, national-cultural, socio-economic and other features of the urban community. Thus, to call the statutes of territorial communities of cities “local constitutions”, as is often the case in the literature, is hardly fair. Prospects for further research in this direction are a deeper analysis of the nature and legal nature of the statutes of territorial communities of cities.

scholarly journals Peculiarities of construction of local self-government models in the modern slavic states

Upravlenie ◽  
2019 ◽  
Vol 7 (3) ◽  
pp. 5-11
Author(s):  
A. Djordjević ◽  
A. Seregin ◽  
M. Cherkasova ◽  
I. Milkina
Keyword(s):  
Social Protection ◽  
Slovak Republic ◽  
Preschool Education ◽  
Sovereign Power ◽  
Public Authorities ◽  
The Czech Republic ◽  
Territorial Organization ◽  
The Russian Federation ◽  
The Difference ◽  
The Republic

The peculiarities of construction of local self-government models in the modern Slavic States, which in the 90-s of XX century abandoned the socialist path of development, – have been examined. The aim of the study is to identify specific features and common approaches to the construction of local self-government system, based on the analysis of the practice of local self-government institutions of the Slavic States and the provisions of the Constitutions of the Republic of Serbia, the Republic of Poland, the Czech Republic, the Slovak Republic, Ukraine, the Republic of Croatia, the Russian Federation, etc.The organizational forms of local self-government and the particularities of the implementation of local issues, taking into account national traditions, – have been analyzed. In this connection, the majority of modern Slavic States recognizes and guarantees local self-government as the most important constitutional value and institution of the people’s right. It has been determined, that the list of issues of local importance mainly affects the areas of urban planning, municipal activities, culture, sports, social protection of the population and children, preschool education, healthcare, approval of municipal programs of economic development, local budgets, taxes and fees, the appointment of local referendums, etc. However, there there is a number of countries, in which local government issues are not specified in the Constitution. Among the criteria for the difference between the models of local self-government are the following: the list of issues of local importance and competence of local self-government bodies; relations with public authorities and the degree of freedom of local self-government from the state; territorial organization of local self-government, etc.It has been concluded, that the most common form of interaction between public authorities and local self-government for the Slavic states at the beginning of the XXI century, was the Zemstvo-state model, that takes into account the mutual interests of a sovereign power and the population, living within certain territorial communities.

scholarly journals Advantages and disadvantages of social protection of public service employees

Social Law ◽  
2019 ◽  
pp. 42-47
Author(s):  
V. Gavriluk
Keyword(s):  
Public Service ◽  
Social Protection ◽  
Legal Regulation ◽  
Executive Power ◽  
Service Workers ◽  
Service Employees ◽  
Advantages And Disadvantages ◽  
Current State ◽  
The Social ◽  
Service Activities

The article deals with the social protection of public service workers. The aim is to find out advantages and disadvantages of modern legal regulation of social protection of public service workers. Revealed that the social protection of public service workers varies depending on the category of such employees and the direction of public service activities. The paper highlighted the need for improved social protection for public service employees by creating common and uniform rules of law on the principles and criteria for providing such protection. Discussed in the article advantages and disadvantages of the current state of social protection of public service workers can be used as the basis of strategy to improve the work of legislative and executive power in Ukraine.

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